On July 29, the Office of the U.S. Attorney General issued a memorandum that offers additional color respecting unlawful discrimination, which President Trump originally characterized as “illegal DEI” in his January 2025...more
8/12/2025
/ Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Funding ,
Policy Memorandums ,
Race Discrimination ,
Retaliation ,
Sex Discrimination ,
Third-Party Liability ,
Title VII ,
Trump Administration
Earlier this month, in a long-awaited ruling, the U.S. Supreme Court sided with a straight white woman who claimed to have lost out on two positions to LGBT candidates and was also demoted in favor of them. ...more
On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more
5/19/2025
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Regulatory Reform ,
Title VI ,
Title VII ,
Trump Administration
Last month, the Departments of Justice (DOJ) and Education (ED) announced the creation of a joint Special Investigations Team (SIT) to streamline Title IX investigations....more
5/2/2025
/ Department of Education ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Executive Orders ,
Gender Identity ,
Government Investigations ,
Investigations ,
Risk Management ,
Students ,
Title IX ,
Transgender ,
Trump Administration ,
Universities
The Equal Employment Opportunity Commission (EEOC) was busy last week in the diversity, equity, and inclusion (DEI) space, offering further insight into practices and programs likely to be scrutinized following President...more
On February 14, the U.S. Department of Education (ED) issued a new "Dear Colleague" letter to "clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance...more
2/21/2025
/ Affirmative Action ,
Civil Rights Act ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Federal Funding ,
Higher Education Act ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration
Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...more
In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more
As President-elect Donald Trump prepares for his second stint in the White House beginning January 2025, higher education leaders are bracing for potential shifts in policy that could reshape the landscape of institutions of...more
12/23/2024
/ College Athletes ,
Colleges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Legislative Agendas ,
Presidential Nominations ,
Public Schools ,
Student Athletes ,
Title IX ,
Transgender ,
Trump Administration ,
Universities
Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more
9/13/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Harassment ,
Jurisdiction ,
Pending Litigation ,
Public Schools ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Universities
It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more
From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more
6/7/2024
/ #MeToo ,
Anti-Harassment Policies ,
Contract Terms ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Non-Disclosure Agreement ,
Settlement Agreements ,
Severance Agreements ,
Sexual Harassment ,
State Labor Laws
The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more
5/10/2024
/ Anti-Discrimination Policies ,
Biden Administration ,
Colleges ,
Compliance ,
Department of Education ,
Educational Institutions ,
Final Rules ,
LGBTQ ,
Pregnancy ,
Reporting Requirements ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Universities
Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more
Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving...more
Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to...more
Institutions of higher education (IHEs) are often focal points of community activity, and inevitably attract all members of the public to various events and programs that take place on campus, including the youngest—and most...more
By now, the Supreme Court's June 2023 Students for Fair Admissions decision overturning affirmative action precedent, which Venable wrote about here, and has prompted institutions of higher education (IHEs) to review their...more
On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...more
8/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Donors ,
Educational Institutions ,
Investigations ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Title VII ,
Universities
On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more
7/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
Debates concerning the pros and cons of social media usage are not new, but have recently resurfaced with more fervor, gaining attention at the national level. The renewed focus on social media usage may serve as a reminder...more
The Supreme Court heard arguments on February 28, 2023 in two cases that will decide the future of President Biden's student loan forgiveness plan. The cases, Biden v. Nebraska and U.S. Department of Education v. Brown,...more
3/10/2023
/ Biden Administration ,
CBO Report ,
Colleges ,
Department of Education ,
Financial Aid ,
Financial Services Industry ,
Loan Forgiveness ,
Popular ,
SCOTUS ,
Standing ,
Student Loans ,
Students ,
Universities
Often, the focus on Title IX compliance and crafting institutional procedures for institutions of higher education (IHEs) is dominated by more commonly arising issues like sexual misconduct allegations. However, recently, the...more
Publicly available artificial intelligence (AI) programs and applications (apps), and the tasks they can perform, have been gaining much more attention lately. The average internet user can access websites and apps that use...more
With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur...more